STEROIDS

Steroids by virtue of the Customs Regulations1926 (Cth) is considered a tier 1 good for the purposes of importing goods under the Customs Act 1901 (Cth). The maximum penalty for intentionally importing steroids is a fine not exceeding 1,000 penalty units or imprisonment for 5 years or both. However, where this offence is dealt with summarily the maximum penalty is 60 penalty units and/or 12 months imprisonment.

Where the steroids are not imported but merely possessed – the offence is against the Poisons and Therapeutic Goods Act 1966 (NSW). The maximum penalty for possessing steroids is 20 penalty units and/or 2 years imprisonment.

The relevant sections of both the Commonwealth and State (NSW) Legislation is set out below.

CUSTOMS ACT 1901 - SECT 233BAA

Special offence relating to tier 1 goods

(1) Subject to subsection (3), the regulations may provide that:

(a) specified performance enhancing drugs; and

(b) specified non-narcotic drugs; and

(c) other specified goods;

constitute tier 1 goods.

(2) The regulations must not specify an item for the purposes of subsection (1) unless:

(a) its importation is prohibited, either absolutely or on condition, by the Customs (Prohibited Imports) Regulations ; or

(b) its exportation is prohibited, either absolutely or on condition, by the Customs (Prohibited Exports) Regulations .

(3) If the regulations made for the purposes of subsection (1) prescribe a quantity of a drug specified for those purposes to be the critical quantity, the specified drug does not constitute tier 1 goods unless it is of a quantity that exceeds the critical quantity.

(4) A person is guilty of an offence against this subsection if:

(a) the person intentionally imported goods; and

(b) the goods were tier 1 goods and the person was reckless as to that fact; and

(c) their importation:

(i) was prohibited under this Act absolutely; or

(ii) was prohibited under this Act unless the approval of a particular person had been obtained and, at the time of the importation, that approval had not been obtained.

Maximum penalty: A fine not exceeding 1,000 penalty units or imprisonment for 5 years, or both.

(4B) For the purposes of an offence against subsection (4), strict liability applies to the physical element of circumstance of the offence, that an approval referred to in subparagraph (4)(c)(ii) had not been obtained at the time of the importation.

Note: For strict liability , see section 6.1 of the Criminal Code .

(5) A person is guilty of an offence against this subsection if:

(a) the person intentionally exported goods; and

(b) the goods were tier 1 goods and the person was reckless as to that fact; and

(c) their exportation:

(i) was prohibited under this Act absolutely; or

(ii) was prohibited under this Act unless the approval of a particular person had been obtained and, at the time of the exportation, that approval had not been obtained.

Maximum penalty: A fine not exceeding 1,000 penalty units or imprisonment for 5 years, or both.

(5B) For the purposes of an offence against subsection (5), strict liability applies to the physical element of circumstance of the offence, that an approval referred to in subparagraph (5)(c)(ii) had not been obtained at the time of the exportation.

Note: For strict liability , see section 6.1 of the Criminal Code .

(6) A person convicted or acquitted of an offence against subsection (4) or (5) in respect of particular conduct is not liable to any proceeding under section 233 in respect of that conduct.

CUSTOMS REGULATIONS 1926 - REG 179AA

Tier 1 and Tier 2 goods (Act s 233BAA, s 233BAB)

(1) For subsection 233BAA (1) of the Act, the goods specified in column 2 of an item in Part 1 of Schedule 1AA constitute tier 1 goods.

(2) For subsection 233BAA (3) of the Act, the quantity (if any) specified in column 3 of an item in Part 1 of Schedule 1AA is the critical quantity of the drug specified in column 2 of that item.

(3) For subsection 233BAB (1) of the Act, the goods specified in column 2 of an item in Part 2 of Schedule 1AA constitute tier 2 goods.

(4) For item 22 of Part 1 of Schedule 1AA, the purposes are the following:

Offences against a law of the Commonwealth punishable by imprisonment for a period exceeding 12 months are indictable offences, unless the contrary intention appears.

CRIMES ACT 1914 - SECT 4H

Summary offences

Offences against a law of the Commonwealth, being offences which:

(a) are punishable by imprisonment for a period not exceeding 12 months; or

(b) are not punishable by imprisonment;

are summary offences, unless the contrary intention appears.

CRIMES ACT 1914 - SECT 4J

Certain indictable offences may be dealt with summarily

(1) Subject to subsection (2), an indictable offence (other than an offence referred to in subsection (4)) against a law of the Commonwealth, being an offence punishable by imprisonment for a period not exceeding 10 years, may, unless the contrary intention appears, be heard and determined, with the consent of the prosecutor and the defendant, by a court of summary jurisdiction.

(2) Subsection (1) does not apply in relation to an indictable offence where, under a law of the Commonwealth other than this Act, that offence may be heard and determined by a court of summary jurisdiction.

(3) Subject to subsection (6), where an offence is dealt with by a court of summary jurisdiction und or subsection (1), the court may impose:

(a) where the offence is punishable by imprisonment for a period not exceeding 5 years--a sentence of imprisonment for a period not exceeding 12 months or a fine not exceeding 60 penalty units, or both; or

(b) where the offence is punishable by imprisonment for a period exceeding 5 years but not exceeding 10 years--a sentence of imprisonment for a period not exceeding 2 years or a fine not exceeding 120 penalty units, or both.

(4) A court of summary jurisdiction may, if it thinks fit, upon the request of the prosecutor, hear and determine any proceeding in respect of an indictable offence against a law of the Commonwealth if the offence relates to property whose value does not exceed $5,000.

(5) Subject to subsection (6), where an offence is dealt with by a court of summary jurisdiction under subsection (4), the court may impose a sentence of imprisonment for a period not exceeding 12 months or a fine not exceeding 60 penalty units, or both.

(6) A court of summary jurisdiction shall not impose under subsection (3) or (5):

(a) a sentence of imprisonment for a period exceeding the maximum period that could have been imposed had the offence been tried on indictment;

(b) a fine exceeding the maximum fine that could have been imposed had the offence been so tried; or

(c) both a sentence of imprisonment and a fine if the offence is punishable on trial on indictment by a sentence of imprisonment or a fine, but not both.

(7) This section does not apply to an offence against:

(a) section 24AA or 24AB or subsection 79(2) or (5) of this Act; or

(b) Division 80 or section 91.1 of the Criminal Code .

POISONS AND THERAPEUTIC GOODS ACT 1966 - SECT 16

16 Offences relating to prescribed restricted substances

(1) A person shall not have in his or her possession or attempt to obtain possession of a prescribed restricted substance unless:

(a) the person is a medical practitioner, pharmacist, dentist or veterinary practitioner, and the person obtains possession or attempts to obtain possession of it in the lawful practice of the person’s profession as such,

(a1) the person is a nurse practitioner who is authorised under section 17A to possess the substance and the person obtains possession or attempts to obtain possession of it in the lawful practice of his or her profession,

(a2) the person is an optometrist who is authorised under section 17B to possess the substance and the person obtains possession or attempts to obtain possession of it in the lawful practice of his or her profession, or

(a3) the person is a midwife practitioner who is authorised under section 17A to possess the substance and the person obtains possession or attempts to obtain possession of it in the lawful practice of his or her profession,

(b) the person obtains possession or attempts to obtain possession of it on and in accordance with the prescription of a medical practitioner, nurse practitioner, midwife practitioner, dentist, optometrist or veterinary practitioner for its supply to the person,

(c) the person is a person or belongs to a class of persons authorised by the Director-General for the purposes of section 10 (4) (c),

(d) the person is a person authorised in writing by the Director-General to obtain possession of the prescribed restricted substance for the purposes of the person’s profession or employment and obtains, or attempts to obtain, as the case may be, possession of the prescribed restricted substance in accordance with any conditions subject to which the person is so authorised,

(d1) the person is a person who has the care of, or is assisting in the care of, another person (for or to whom the supply of the substance has been authorised by the prescription of a medical practitioner, nurse practitioner, midwife practitioner, optometrist or dentist) and has the prescribed restricted substance in his or her possession for the sole purpose of administering, or assisting in the self-administration of, the substance to the other person in accordance with that prescription, or

(e) the person is licensed or otherwise authorised by this Act or the regulations to obtain possession of the substance for the purposes of his or her profession or employment.

Maximum penalty:

(a) for an offence relating to a prescribed restricted substance that is an anabolic or androgenic steroidal agent, 20 penalty units or imprisonment for 2 years, or both, and

(b) for an offence relating to a prescribed restricted substance other than an anabolic or androgenic steroidal agent, 20 penalty units or imprisonment for 6 months, or both.

(2) A person shall not forge or fraudulently alter, or utter, knowing it to be forged or fraudulently altered, any prescription of a medical practitioner, nurse practitioner, midwife practitioner, dentist, optometrist or veterinary practitioner including any prescribed restricted substance.

(a) by a representation that the person knows, or ought reasonably to know, is false or misleading:

(i) obtains, or attempts to obtain, from a medical practitioner, nurse practitioner, midwife practitioner, dentist, optometrist or veterinary practitioner a prescription that includes a restricted substance of a kind prescribed by the regulations for the purposes of this section, or

(ii) induces, or attempts to induce, a pharmacist to dispense a prescription that includes such a substance, knowing the prescription to be forged or fraudulently altered, or

(iii) induces, or attempts to induce, a pharmacist to dispense a prescription that includes such a substance, knowing the prescription to have been obtained as referred to in subparagraph (i), or

(b) is in actual possession of a prescription that includes such a substance, knowing the prescription to be forged or fraudulently altered, or

(c) is in actual possession of a prescription obtained as referred to in paragraph (a) (i), knowing the prescription to be so obtained,

(4) Any prescribed restricted substance in the order or disposition of a person shall, for the purposes of subsection (1), be deemed to be in the person’s possession.

(5) A person shall not be guilty of an offence against subsection (1) by virtue of the person having in his or her possession, or attempting to obtain possession of, a prescribed restricted substance if the person proves that he or she had possession, or attempted to obtain possession, of the substance only for the purpose of delivering it: